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HomeMy WebLinkAbout1982 07-12 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 12, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City. Council met in regular session and was called to order by Mayor Dean Nyquist at 7:08 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers.,Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Chief of Police James Lindsay, Assistant City Engineer Jim Grube, and Administrative Assistant Tom Bublitz., INVOCATION The invocation was offered by Pastor Maple of the Brooklyn Center Evangelical Free Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the Consent Agenda. Councilmember Hawes requested that item 8e be removed from the Consent Agenda. APPROVAL OF MINUTES - JUNE 28, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of June 28, 1982 as submitted. Voting in favor: Maycr Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS / RESOLUTION NO. 82 -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CENTRAL PARK IMPROVEMENT PROJECT NO. 1982 -12 (ATHLETIC FIELD FE14CING CONSTRUCTION; CONTRACT 1982 -E) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon,.the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 7 -12 -82 -1- RESOLUTION NO. 82 -125 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM NEIGHBORHOOD PARKS IMPROVEMENT PROJECT NO. 1982 -13 (DRINKING FOUNTAIN INSTALLATION CONTRACT 1982 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes,_ and upon vote being taken thereon, the following voted in favor thereof; Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARK SHELTER IMPROVEMENT PROJECT NO. 1982 -17 (- GRANDVIEW, NORTHPORT, HAPPY HOLLOW SHELTER IMPROVEMENTS), APPROVING. PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (.CONTRACT 1982 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution, was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Evergreen Park Soccer Field Improvement Project No. 1982 -16 and pointed out that the resolution would approve the project to allow it to be set up for bidding. Councilmember Lhotka stated he is concerned with the cost of the soccer fields in light of the existing budget constraints. The City Manager reviewed the use of the current soccer fields and noted that soccer fields can be used for football use but the football fields cannot be used for soccer because of the required size of the soccer field. He explained the existing soccer field in the City is very heavily used and that additionally, soccer fields require good soil so that level fields may be built with clear site lines for players to see the ball. He pointed out that soccer fields cannot be constructed with high areas or crowns. Councilmember Lhotka then inquired what plans had been made for soccer fields in the Central Park area. The City Manager stated that a portion of Central Park was sized for a soccer field but with football, baseball, and soccer in one area there would be many scheduling conflicts. RESOLUTION NO. 82 -127 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING EVERGREEN PARK SOCCER FIELD IMPROVEMENT PROJECT NO. 1982 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following'voted against the same: -Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -128 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET 7 -12 -82 -2- f 9 p I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the samet none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Specifications for Upgrading Municipal Communications System and Ordering Advertisement for Bids. He stated that this, resolution comprehends the upgrading of the city's radio communications system including the police and fire dispatch center. The City Manager pointed out that the consultant retained to prepare the specifications believes that the mobile radios can also be replaced within the budget limits set for the upgrading of the system. He added that the City now has an additional frequency which is shared with the City of St. Paul. He added his thanks to Chief McCutcheon, of the St. Paul Police Department, for his efforts in assisting the City in obtaining the additional frequency. He explained that with the addition of .the new frequency the signal from the "handi- talkie" used by a police officer is transmitted to the repeater station where the signal is rebroadcast at a stronger and different frequency. He explained the repeater system allows a signal to come in on one frequency and go out on another frequency, thereby, eliminating the override problem with radio signals which would interfere with the transmission from the "handi- talkies" or mobile radios. In response to a question from Councilmember Scott, the City Manager stated that the system should be operational as early as February of 1983. RESOLUTION NO. 82 -129 Member Celia Scott 'introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR UPGRADING MUNICIPAL COMMUNICATIONS SYSTEM AND ORDERING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR REMODELING POLICE DEPARTMENT DISPATCH AREA AND ORDERING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis, and the following voted against the same: none, whereupon said resolution aid " was declared duly passed and adopted. CRIME PREVENTION PROG Mayor Nyquist introduced Mr. Phil Cohen, President of the Board of Directors of the, Brooklyn Center Crime Prevention Fund. Mr. Cohen stated the Crime Prevention Program in Brooklyn Center is an example of how civic groups and the City can work together 7 -12 -82 -3_ in a positive fashion to develop an important program for City residents. He explained the Crime Prevention Fund is nothing new and that the cities of Edina and St. Louis Park have had the program for a number of years. He pointed out that the Chamber an Rotary introduced the idea in Brooklyn Center and that this was the starting point f the development of the program., He explained that the Crime Prevention Fund is a citizen's sponsored fund and its direct purpose is to obtain information on unsolved crimes. He'explained that over $2,000 has been contributed to the -fund so far, and that the money will be used as a source of funds which will assist the Police Department in solving crimes and to further reduce crime in Brooklyn Center. Mr. Cohen stated that $25,000 is the ultimate goal and that the funds will supply rewards or buy information to assist the Police. Department in solving crimes and assist in crime prevention. He added that the group also hopes to work with the Neighborhood Crime Watch Program. He added.that the Crime Prevention Fund is a service which does not use tax dollars to accomplish its goal. Mr. Cohen thanked the City Council for allowing him to make the presentation this evening. Councilmember Lhotka stated that he thinks the concept is a fantastic idea and the Council owes a debt of gratitude to those who have worked on it. He stated he believes the Council will support the Crime Prevention Fund in any way possible. DISCUSSION ITEMS REPORT ON OPEN FORUM REQUEST The City Manager explained the staff has been assembling ordinance language with regard to Mr. Jesse Sandoval's request made at the June 28, 1982 City Council meeting concerning Section 1 -106 of the City Ordinances regarding limiting the number of dogs per household— He stated the staff is preparing ordinance language.which would allow an individual to obtain a private kennel license. He stated the process would require an individu to apply for the license with the City and that the neighbors in the area would be notified of the application. He added that the license could be issued administrates with a provision for an appeal to the Council or the license could come directly bef the Council similar to a special use permit. He stated that the staff will be preparing the ordinance language for City Council review. Councilmember Lhotka commented he would like to see the ordinance language drafted similar to the home occupation section of the zoning ordinance which would require Council review and he also suggested that the number of animals not be stated in the ordinance. Councilmember Hawes inquired whether the ordinance language could give the option "of the applicant or the City notifying the neighbors of the application. The City Manager commented that there are two lines of thought in this area, that being, that if the applicant notifies the neighbors of the application, it may cause a neighborhood problem and that he would hope to avoid any neighborhood dispute with the ordinance amendment. Councilmember Hawes noted that there may be some situations where the applicant may want to notify the neighbors by himself. The City Manager indicated that in other cities where the private kennel license is allowed the applicant may visit the neighbors before any notice is issued by the City. Councilmember Lhotka stated-he believes the procedure should be handled like a public hearing with input from the neighbors. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:10 P.M. f 7 -12 -82 -4- PUBLIC HEARING ON ALLEY IMPROVEMENT PROJECT NO. 1982 -14 (BETWEEN DUPONT AND EMERSON AVENUES FROM 53RD TO 54TH AVENUES) The City Manager explained that the alley improvement project was petitioned by the residents in the area and that this evening's public hearing has been scheduled to decide whether or not the project should be approved. The Director of Public Works explained the project was initiated by a petition of the property owners which was signed by 11 of the 18 affected property owners. He stated the petition represents 61% of the property owners in the area and represents 53% of the frontage on the alley. He proceeded to review the recommended construction specifications for the alley project. He also reviewed the financial considerations and assessment procedures related to the proposed project. He noted that the estimated total cost of the project would be $20,240 and that the estimated assessment for the project would be $16.77 or $17 per linear foot. The Director of Public Works stated he had received correspondence from Mr. John S. Tschohl, 4659 Oaks Circle in Bloomington, regarding the project. He pointed out Mr. Tschohl.is the owner of the property at 5352 Emerson Avenue North and that he has expressed opposition to the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Alley Improvement Project No. 1982 -14. Mayor Nyquist recognized Mr. Melvin Westlund, 5358 Emerson Avenue North. " Mr. Westlund expressed a concern over the number of drains that would be installed in the alley. The Director of Public Works stated he believed the number will be four but that he would like to review the project further to see if it would be possible to complete the project with three drains because of the added cost. The City Manager pointed out that detail design work has not been completed on the project yet, and that this will be necessary to determine the need for three or four drains. Mr. Westlund also expressed a concern that the travel of garbage trucks on the alley be taken into consideration when the alley is designed. Mayor Nyquist recognized Mr. Tom Doane, 5359 Dupont Avenue North, who stated that he believes the grader operator is not grading the alley properly at this time. The City Manager explained he believes that even with an experienced grader operator the drainage problem could not be solved on the alley due to the extreme flatness of the alley where water becomes trapped. Mayor Nyquist recognized Mr. Earl Rydholm, 5307 Dupont Avenue North who expressed a concern over the location of the sewer line. The Director of Public Works reviewed the proposed catch basin location and explained that in order to minimize the length of pipe it was originally proposed that an easement be acquired to run the pipe to Dupont Avenue. He added the property owners are reluctant to have the pipe come through their property and noted that the houses are rather close together in this area with many trees and flowers that would have to be removed to allow for the line. He added that it appears the project will have to go to 54th Avenue and connect with the storm sewer there. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. There being none, he entertained a motion close the hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Alley Improvement Project No. 1982 =14. Voting in favor: Mayor 7 -12 -82 -5- Nyquist, Councilmembers Lhotka, Scott, Hawes,.and Theis. Voting against: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -131 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING ALLEY IMPROVEMENT,PROJECT NO. 1982 -14 (ALLEY BETWEEN DUPONT AND EMERSON AVENUES FROM 53RD TO 54TH AVENUES NORTH) The motion for the.adoption of the foregoing resolution was duly seconded by member Rich.Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same,: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR 69TH - 70TH,AVENUE STREET IMPROVEMENT PROJECT NO. 1982 -09, SANITARY SEWER IMPROVEMENT PROJECT NO. 1982 -10, WATER MAIN IMPROVEMENT PROJECT NO. 1982- 11, ALLEY IMPROVEMENT PROJECT NO. 1982 -14, EVERGREEN PARK SOCCER FIELD IMPROVEMENT PROJECT NO. 1982 -16 (CONTRACT 1982 -H) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82028 SUBMITTED BY DEBORAH TOBAKO FOR A SPECIAL USE PERMIT TO CONDUCT CERAMICS CLASSES IN THE BASEMENT OF THE RESIDENCE AT 5636 GIRARD AVENUE NORTH Councilmember Lhotka left the table at 9:46 p.m. and returned at 9:48 p.m. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the July 1, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82028. The Director of Planning & Inspection proceeded to review the application stating that the applicant is requesting a special use permit to conduct group ceramic classes in the basement of her home at 5636 Girard Avenue North. He stated that the applicant is proposing a class size of six to eight people one night per week from 6:30 p.m. to 9:30 p.m. Wednesday evenings. He added the applicant is requesting that as other class sessions are needed they would be held on week day evenings or Saturday from 10:00 a.m. to 1:00 p.m. The Director of Planning & Inspection pointed out the key question in this application is the need for on- street parking. He reviewed a similar application for a special use permit to conduct ceramic classes which was made by Mrs. LaVonne Malikowski. He stated that in Mrs. Malikowski's special use permit no on- street parking was permitted- He added that the key question regarding this application is the possible need for o street parking. I 7 -12 -82 _6.. The Director of Planning & Inspection stated the Planning Commission held a public hearing on Application No. 82028 on July 1, 1982 and that the applicant was present at the public hearing but that no else appeared at the public hearing. He explained the Planning Commission recommended approval of the application subject to six conditions, which he reviewed for Council members. He added that the required notices had been sent regarding tonight's public hearing and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82028 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 82028. Voting in favor: Mayor Nyquist, Council - members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka commented that he feels strongly about on- street parking in regard to home occupations but stated that Girard Avenue is not a busy street and tha' :e­ would support the Planning Commission's recommendation for approval if condition No. 4 is amended to require City Council review of the parking situation in one year. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission Application No. 82028 in consideration of a finding that the proposed home occupation would not be feasible without on- street parking, and subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 3. No more than 10.students shall attend any one class in accordance with Section 35 -406 of the Zoning Ordinance. 4. All parking shall be off- street on space provided by the applicant to the maximum extent feasible. On- street parking shall be limited to two spaces in front of the applicant's property as the need arises. The City, Council shall, within one year from the date of approval of the - permit, review the parking requirements stipulated in this condition.to determine whether or.not the parking requirements are adequate for the home occupation. 5. The hours of operation shall be no more than: Monday to Thursday, 6:30 p.m. to 9:30 p.m. and Saturday, 10:00 a.m. to 1:00 P.M. 6. The applicant shall comply with the recommendations of the Building Official prior to the issuance of the Special Use Permit. 7 -12 -82 -7- C ouncilmember Theis, q uestioned whether one year is an appropriate time to review the parking requirements and noted that he is concerned that the Council is approving an application based on a limited number of classes at the outset. Councilmember Lhotka stated his intent was that it be reviewe& in one year to see if additional parking is needed. Mayor Nyquist expressed a concern over how the review will be conducted. Mayor Nyquist called for a vote on the motion on the floor. Voting - in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION.ITEMS (CONTINUED EXECUTIVE SESSION ON WAGE NEGOTIATIONS The City Manager stated that state law has changed to allow an executive session to review labor negotiations strategy: He added that he is proposing .a session of the City - Council which would include the City Manager, Chief of Police, the City's Labor Relations Consultant, and the City Attorney. The City Attorney pointed out that the law which was passed in 1981 in response to the difficulty of carrying out labor negotiations at a public meeting. He explained the City has the authority to hold,a meeting to discuss negotiation strategy which may include organized and non - organized personnel. He added the requirements of the meeting are that the date and time of the meeting must be announced in advance and that.a tape recording of the meeting must be made and kept for two years. Also, he pointed out, a record must be kept and made public of all persons attending the meeting. The City Manager pointed out that.he believes such an executive session is more important this year given the financial constraints cities are under. After discuss° by Councilmembers, there was a general concensus among Councilmembers to support the executive session, LIQUOR LICENSE - T- WRIGHT'S, 5800 SHINGLE CREEK PARKWAY The City Manager introduced the next agenda item, which was a liquor license application for T- Wright's located at 5800 Shingle Creek Parkway. The City Manager stated the staff is recommending approval of the liquor license for T- Wright's. Councilmember Lhotka stated that he is not comfortable with the license application and inquired why the background investigation of the individuals applying for the license was not included. Chief Lindsay pointed out that because of the necessity of sending an investigator to Miami, Florida the background investigation of individuals was not included in the report. He added that the records of the individuals are, however, clear. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the intoxicating liquor license for T- Wright's, 5800 Shingle Creek Parkway. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses 7 -12 -82 -8- r CIGARETTE LICENSE Interstate.United. 1091 Pierce .Butler Rte. Ault Inc. 1600 Freeway Blvd. GARBAGE AND REFUSE COLLECTION LICENSE Bautch Disposal Service 10264 Xylite St. N.E. Bergstrom Trucking 6509 76th Aveo;N. Big Garbonzo 8037 6th St. N.E. Block Sanitation 6741 79th Avev N. Brooklyn Disposal, Inc. 7959 191st In. N.W. Browning- Ferris Ind. 9813 Flying Cloud Dr. Klein Sanitation Co. 10690 100th Ave. N. L & N Disposal 3417 85th Ave. N. MCS Refuse, Inc. 10050. Naples St. N.E. Metro Refuse 8168 W. 125th St. Shobe and Sons 3621 85th Ave. N. Woodl_ake.Sanitary Service 4000 Hamel Rd. ITINERANT FOOD ESTABLISHMENT LICENSE St. Alphonsus Catholic Church 7025 Halifax Ave.. N. MECHANICAL SYSTEMS LICENSE Nielsen Sheet Metal, Inc. 6324 Lakeland Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Interstate United Corp. 1091 Pierce Butler Rte. Ault, Inc. 1600 Reeeway Blvd. Royal Crown Beverage Co. P.O. Box 43466 Car X Muffler Shop 6810 Brooklyn Blvd. Humboldt Square Cleaners 69th and Humboldt PERISHABLE VENDING MACHINE LICENSE Interstate United Corp. 1091 Pierce Butler Rte. Ault, Inc. 1600 Freeway Blvd. TEMPORARY ON -SALE BEER LICENSE St. Alphonsus Catholic Church 7025 Halifax Ave. N. Voting in favor Mayor Nyquist, Councilmembers - Lhotka, $cott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Counci,lmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:15 p.m. i 4 Clerk Mayor 7 -12 -82 -9-